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HomeMy WebLinkAbout1965 07-06 CCM Special Session 103 Minutes of the Proceedings of the Village Council of the Village of Brooklyn Center in the County of Hennepin and State of Minnesota July 6, 1965 The Village Council met in special session andwas called to order by Mayor Erickson at 1 :30 P, M. Roll Call: Present were Mayor Gordon Erickson, Phil Cohen, John Leary, Earl Simons and Howard Heck. Also present were A. J. Lee, T. L. Hadd, P. W. Holmlund, T. L. Willard, M. R. Hyde, Jean Murphey and Thomas O'Hehir. Reverend Harold Zart of Harron Methodist Church offered the invo- cation. Motion by Phil Cohen and seconded by John Leary to instruct the Administrator and Attorney to prepare a draft resolution accepting the architect's recommendations on glass windows for the Brooklyn Center Public Library. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to approve the minutes of the June 28, 1965 Council meeting as recorded. Motion carried unanimously. Member Howard Heck introduced the following ordinance amendment and moved its adoption: AN ORDINANCE ESTABLISHING STANDARDS FOR THE OPERATION OF DRIVE -IN RESTAURANTS AND DEFINING UNLAWFUL CONDUCT THEREIN THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORDAIN AS FOLLOWS: Section 1: Chapter 19 of the Village Ordinances is hereby amended by adding thereto Sections 19 -1101 through 19 -1108 inclusive, to read as follows: Section 19 -1101 DEFINITIONS. a. Drive -In Restaurant A drive -in restaurant is any restaurant where meals, sandwiches, cold drinks, ice cream, beverage or other food or drink is served directly to or is permitted to be consumed in motor vehicles parked on the premises. b. Motor Vehicle. A motor vehicle as defined herein means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices moved by human power. Section 19 -1102 DUTY OF OWNER. a. The owner, lessee or operator of any drive -in restaurant shall maintain quiet and good order upon the premises and shall not permit dis- orderly or immoral conduct or loitering thereon, nor shall he cause or permit any noise or nuisance on the parking area of the drive -in restaurant whereby the quiet and good order of the neighborhood are disturbed. b. The owner, lessee or operator of any drive -in restaurant shall provide no less than two (2) receptacles for receipt of trash, litter, paper napkins, cups and remnants of food at appropriate locations on the premises -1- 107 Section 19 -1107 That if any section, subsection, paragraph or provision of this ordinance shall be held invalid for any reason whatsoever, such invalidity shall not affect the remaining portions of this ordinance, which shall remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 19 -1108 Any person found guilty of violating any of the provisions of this ordinance shall be fined a sum not to exceed one hundred dollars ($100.00) or by imprisonment not to exceed ninety (90) days. Section 2 ; This ordinance amendment shall be effective from and after its publication. The motion for the adoption of the foregoing ordinance amendment was duly seconded by member Earl Simons and upon vote being taken thereon, the following voted in favor thereof: Gordon Erickson, Phil Cohen, john Leary, Earl Simons and Howard Heck, and the following voted against the same: none; whereupon said ordinance amendment was declared duly passed and adopted. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 65-115 RESOLUTION AUTHORIZING AGREEMENT FOR EXTENSION ON WATER MAIN IN WILLOW LANE The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Gordon Erickson, Phil Cohen, John Leary, Earl Simons and Howard Heck, and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. The Village Attorney discussed the alternatives available to the Council regarding the application by Chrysler Motors Corporation for the construction of an agency dealership on Osseo Road. Motion by Howard Heck and seconded by Phil Cohen to reject the recommendation of the Planning Commission on Application #65044 submitted by Edwin Kangas, and grant a variance from Section 35 -401 of the Village Ordinances to permit the construction of a detached garage 3 feet from the south lot line and 12 feet from the house located at 6812 Emerson Avenue - North, said parcel being described legally as Lot 20, Block 1, Brooklyn High Addition. Motion carried unanimously. Motion by Howard Heck to reject the recommendation of the Planning Commission on Application #65045 submitted by Robert Schmitt and deny the request of a special use permit t P t o operate a beauty shop 2 P at 6 00 Osseo P Y P O o Road . The motion died for lack of a second. Motion by Phil Cohen and seconded by john Leary to accept the recommendation of the Planning Commission on Application #65045 submitted by Robert Schmitt and grant a special use permit to allow the operation of a beauty shop as a special home occupation in the basement of the home at 6200 Osseo Road, provided that the following conditions be complied with: 1. The applicant meets building code requirements. 2. The special use is permitted only as long as the applicant is the occupant of the subject house. 3. The driveway shall be capable of accomodating two customers' cars. -3- 105 c. The owner, lessee or operator of any drive -in restaurant shall post on the premises in a conspicuous location one or more signs bearing the following legend: " Cruising in or congregating or loitering outside of a motor vehicle is unlawful. No unoccupied vehicles may be left on the premises without the consent of the restaurant operator. " Section 19 -1103 FORBIDDEN CONDUCT. Whoever does any of the following in a drive -in restaurant knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or pro- voke an assault or breach of the peace is guilty of disorderly conduct and may be sentenced to imprisonment for not more than ninety (90) days or to payment of a fine of not more than one hundred dollars ($100.00): a. Engage in brawling or fighting; or b. Engage in offensive, obscene, r abusive language or in v ne o u e boisterous and noisy conduct tending reasonably to arouse alarm, anger or resentment in others. c. Operates, drives, stops, races or parks a motor vehicle care- lessly or heedlessly in disregard of the rights and safety of any other person. Section 19 -1104 The following acts or conduct of any person or persons entering any drive -in restaurant premises are hereby declared to be unlawful, and any person found guilty of any such act may be sentenced to imprisonment for not more than ninety (90) days or to payment of a fine of not more than one hundred dollars ($100.00): a. Entering the premises of any drive -in restaurant in a motor vehicle and parking said vehicle and leaving the premises without getting the consent of the owner or operator of said restaurant; in which event vehicle may be impounded subject to the usual impounding charges. b. Entering the premises of any drive -in restaurant in a motor vehicle, parking the vehicle and leaving it unoccupied for a period in excess of thirty (30) minutes, without consent of the owner. Section 19 -1105 UNLAWFUL ASSEMBLY. When three or more persons assemble, each participant is guilty of unlawful assembly, and may be sentenced to imprisonment for not more than ninety (90) days or to payment of a fine not to exceed one hundred dollars ($100.00) if the assembly is: a. With the intent to commit unlawful act by force; or b. With the intent to carry out any purpose in such a manner as will disturb or threaten the public peace; or c. Without unlawful purpose, but the participants so conduct them- selves in a disorderly manner as to disturb or threaten the public peace. Section 19 -1106 It shall be unlawful for any person to consume any alcoholic beverage on the premises of any drive -in restaurant, and upon conviction for said offense any person may be sentenced to imprison- ment for a period not to exceed ninety (90) days or to payment of a fine not to exceed one hundred dollars ($100.00) . -2- 109 4. The permit shall be reviewed three years from the date of Council approval to determine whether it shall be allowed to continue in effect. 5. Operation of the beauty parlor shall be restricted to Wednesday, Thursday, Friday and Saturday of each week, during the approx- imate hours of 9 :00 A. M. to 5 :00 P. M. Voting in favor of the motion: Gordon Erickson, Phil Cohen John Leary and Earl Simons. Voting against the motion: Howard Heck. Motion carried. Motion by John Leary and seconded by Earl Simons to uphold the recommendation of the Planning Commission on Application #65047 submitted by G. E. Viehman and deny the applicant's request to rezone Parcels 2200 and 2300, Garcelon's Addition, from R -1 to R -B, on the grounds that such rezoning would authorize uses other than the proposed apartment building and P rovide the Council no control over the use of the land. Motion carried unanimously. Motion by Howard Heck and seconded by Phil Cohen to uphold the recommendation of the Planning Commission on Application #65050 submitted by Thomas Wilder and deny the request for rezoning of part of Lot 19, Auditor's Subdivision No. 57, from R -1 to R -B. Motion carried unanimously. Motion by John Leary and seconded by Howard Heck to uphold the recommendation of the Planning Commission on Application #65051 submitted by Fred S. Yesnes and approve the preliminary plat of the Fred S. Yesnes 6th Addition, provided that: 1. Lot 7, Block 1, be declared an outlot until an additional 5 feet of land is acquired and joined to it; 2. A bond be posted guaranteeing removal of the existing buildings on Lots 7, 8, 9 of Block 1, by October, 1966; 3. The building in Block 1 extending into the woodbine Lane street right -of -way be relocated; 4. The developer negotiates successfully for the acquisition of the Park land necessary for the completion of his plat; 5. A copy of the purchase agreement with Mr. Gray, present owner of part of the subject land and buildings thereon, be placed on file in the Village Offices and that the following variances be granted for the preliminary plat: 1. A variance on Lot 1, Block 1, be allowed e to p ermit an 80 foot rather than 90 foot frontage on a corner lot; 2. A variance be provided for Lots 2, 3, 4, 5 and 6 of Block 2 to allow frontages of -/+ 74.2 feet and areas of 9423 square feet. Motion carried unanimously. Motion by Howard Heck and seconded by Phil Cohen to uphold the action of the Planning Commission on Application #65042 submitted by Roger Scherer and deny the request to rezone Lots 4, 5, 6 15, 16 and 17, Block 1, North River Estates from R -1 to R -B usage. Motion carried unanimously. -4- Member Phil Cohen introduced the following resolution and moved its adoption: RESOLUTION NO. 65 -116 RESOLUTION WAIVING NOTICE REQUIREMENT SET FORTH IN SECTION 35 -220 OF VILLAGE ORDINANCES The motion for the adoption of the foregoing resolution was duly seconded by member john Leary, and upon vote being taken p g thereon, the following voted in favor thereof; Gordon Erickson, Phil Cohen, John Leary, Earl Simons and Howard Heck, and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Motion by Howard Heck and seconded by Phil Cohen to uphold the recommendation of the Planning Commission on Application #65053 sub- mitted by Ralph Luchsinger and approve the plot plan of the proposed Phillip's gasoline service station at 66th and L ndale North provided Y A that the west side of the north drive is aligned with the east side of the pump island as shown on the plans, and to grant the following variances from the Village Ordinances: 1 • A variance from Section 15 -104 to allow the subdivision of land by metes and bounds description. 2. A variance from Section 35 -330 to allow a free - standing sign 27 feet above the finished floor grade of the building with no more than 144 square feet of area on each of the two faces of the sign. 3. A variance from Section 35 -413 to allow the installation of driveways at distances from the intersection as shown on the plan. 4. A variance to the green strip requirement to allow the installation of green strips as shown on the plan. Motion carried unanimously. Motion by john Leary and seconded by Earl Simons to authorize the expenditure of $100.00 for additional tabulations of the 1965 census data. Motion carried unanimously. Motion by john Leary and seconded by Phil Cohen to accept the recommendation of the Administrator and appoint Herbert E. Steele as a temporary seasonal park maintenance laborer at a salary of $2.20 per hour, effective July 6, 1965. Motion carried unanimously. Motion by Phil Cohen and seconded by Howard Heck to instruct the Administrator and Attorney to prepare a draft of a garbage and rubbish control ordinance. Motion carried unanimously. Motion by john Leary and seconded by Howard Heck to instruct the Administrator to draft an ordinance pertaining to disaster control activities as outlined in the Council's discussion. Motion carried unanimously. Motion by Earl Simons and seconded by John Leary to instruct the Administrator to obtain estimates of the costs of air conditioning the Village Hall. Motion carried unanimously. -5_ 113 Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 65 -117 RESOLUTION REGARDING LIQUOR CONTROL LEGISLATION The motion for the adoption of the foregoing resolution was duly seconded by member john Leary and upon vote being taken thereon, the following voted in favor thereof; Gordon Erickson, Phil Cohen, john Leary, Earl Simons and Howard Heck, and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Motion by john Leary and seconded by Phil Cohen to accept with regret the resignation of Mrs, Janet Johnson from the Park Board. Motion carried unanimously. Motion by Howard Heck and seconded by Earl Simons to adjourn. Motion carried unanimously. The Village Council adjourned at 11:59 P. M. Mayor o Clerk -6-